Niva Elkin-Koren – författare
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This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm.
This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
732 kr
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This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm.
This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
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Information and the marketplace are uneasy bedfellows. The dissemination of information via media can have many different and overlapping purposes, including entertainment, art, ideology, and research. It is particularly among groups that need to share information - the academic and scientific communities, for example - that viewing it as something that can be bought and sold is intrusive and even damaging. There are many other reasons why the commodification of information, which continues to move from strength to strength with the expansion of international free trade, must be carefully scrutinized.
A conference of specialists - with expertise encompassing the area of law and practice where intellectual property, communications, privacy, free speech, collaborative research, and international trade all intersect - met under the auspices of the University of Haifa Faculty of Law, in May 1999. This book presents the penetrating analyses and recommendations that emerged from that conference. As one might expect, a broad spectrum of views is expressed, from commercialism as the liberator of free speech to commodification as de facto censorship. Among the vital topics discussed, the reader will find the following:
• how market-driven doctrine and rhetoric jeopardize the cultural commons;• market control as copyright''s new paradigm;• the free software movement;• how the ECHR may impose limits on EU copyright law, especially property rights in databases;• the conflict between availability of domestic media and international free trade;• tracking and manipulation of personal Internet use;• patenting DNA sequences and DNA molecules; and• how "commercial" speech trumps "free" speech.Several contributors examine the Digital Millennium Copyright Act (DMCA) and its redefinition of such traditional IP concepts as "fair use" and "market failure".
The Commodification of Information will prove a landmark work for all those involved with this complex area of knowledge and activity. Software developers, academic and research institutions, corporate counsel, government policymakers and regulators - all these and more will benefit enormously from the thoughtful and incisive discussion presented here.